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UK court action over wind farm noise ends in secret deal

A husband and wife seeking up to £2.5m ($4m) damages over turbine noise from a UK wind farm have ended their legal action after reaching a confidential settlement. Jane and Julian Davis had claimed an “unbearable hum” from the eight-turbine facility drove them out of their farmhouse in Lincolnshire, England, after turning their lives into a “nightmare”.

A husband and wife seeking up to 2.5m ($4m) damages over turbine noise from a UK wind farm have ended their legal action after reaching a confidential settlement.

Jane and Julian Davis had claimed an “unbearable hum” from the eight-turbine facility drove them out of their farmhouse in Lincolnshire, England, after turning their lives into a “nightmare”.

Their case against the wind farm’s operator and two local landowners, which began in July, was due to resume at London’s High Court today.

But the judge was told that a confidential settlement had been reached. A joint statement says that none of the parties involved will be commenting on the agreement.

The couple were seeking action to modify or shut-down the turbines, or compensation of up to 2.5m – they value they put on their farmhouse, which they claimed had been left effectively worthless by low-frequency noise from the turbines sited just over 800 metres away.

At the start of the case in July, the pair claimed they had resorted to ear plugs and drink in an effort to cope with the noise, before abandoning their home in 2007.

But William Norris QC, for the owners, operators and landlords of the wind farm, suggested to the court that the couple may have... more [truncated due to possible copyright]  

A husband and wife seeking up to £2.5m ($4m) damages over turbine noise from a UK wind farm have ended their legal action after reaching a confidential settlement.

Jane and Julian Davis had claimed an “unbearable hum” from the eight-turbine facility drove them out of their farmhouse in Lincolnshire, England, after turning their lives into a “nightmare”.

Their case against the wind farm’s operator and two local landowners, which began in July, was due to resume at London’s High Court today.

But the judge was told that a confidential settlement had been reached. A joint statement says that none of the parties involved will be commenting on the agreement.

The couple were seeking action to modify or shut-down the turbines, or compensation of up to £2.5m – they value they put on their farmhouse, which they claimed had been left effectively worthless by low-frequency noise from the turbines sited just over 800 metres away.

At the start of the case in July, the pair claimed they had resorted to ear plugs and drink in an effort to cope with the noise, before abandoning their home in 2007.

But William Norris QC, for the owners, operators and landlords of the wind farm, suggested to the court that the couple may have become “unduly sensitised to sounds that would not adversely affect the ordinary person”.

The outcome of the case was seen as significant for other UK wind farm operators facing complaints from local residents over alleged noise nuisance. But the terms of the settlement mean the exact resolution will remain a secret.

When the hearing began, industry trade association RenewableUK told Recharge: “We can’t comment on the case as it is still ongoing, but we have always said that in terms of adhering to noise emission standards, the performance of the UK’s wind farms is exceptional".


Source: http://www.rechargenews.com...

NOV 25 2012
http://www.windaction.org/posts/41777-uk-court-action-over-wind-farm-noise-ends-in-secret-deal
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